Family Law
Partner-led advice on divorce, marital property and children matters involving China, delivered in English and Chinese from our Shanghai and London offices.
Divorce involving a Chinese spouse, a marriage registered in China or assets on the mainland raises questions that sit outside ordinary family practice: whether to proceed in China or abroad, whether a registration divorce at the civil affairs authority is available or court proceedings are needed, and how the community property regime of the PRC Civil Code (in force 1 January 2021) treats homes, shareholdings and savings acquired during the marriage.
The cross-border mechanics matter as much as the substance. A foreign divorce is not automatically effective in China — recognition requires a separate application to an intermediate people's court under a dedicated Supreme People's Court procedure, and there is no UK–China bilateral treaty on judgment recognition. Since China's accession to the Apostille Convention took effect on 7 November 2023, public documents from member states can be apostilled rather than consular-legalised, which simplifies — but does not remove — the formalities.
We advise international clients from Shanghai, with a London office at 85 Great Portland Street for in-person meetings in the UK. All work is partner-led and conducted in English and Chinese. Where family proceedings are already before the English courts, we also act as Chinese-law expert witnesses — on marital property, marriage validity and recognition questions — through our Expert Opinions practice.
Advice on where and how to divorce when one spouse is Chinese or the marriage was registered in China: registration divorce at the civil affairs authority — subject to the Civil Code's thirty-day cooling-off period — versus court proceedings, jurisdiction and timing strategy, and coordination with proceedings abroad.
Division of homes, company shares, savings and other assets in China under the Civil Code's community property regime — characterising assets as separate or joint, tracing contributions, and negotiating or litigating division, including where the main proceedings are abroad.
Drafting and reviewing marital property agreements valid under Article 1065 of the PRC Civil Code, and coordinating them with agreements governed by English or other foreign law so that assets in China are covered consistently on both sides.
Advice and representation on custody, residence and contact where children live in or have ties to mainland China, including proceedings in the Chinese courts and risk advice reflecting that the mainland is not covered by the 1980 Hague Abduction Convention.
Applications to Chinese intermediate people's courts to recognise foreign divorce judgments under the dedicated Supreme People's Court procedure, together with document formalities — apostille for Convention states since 7 November 2023 — and clear advice on what recognition does and does not cover.
Advice on registering marriages in China, proving foreign marriages and divorces for use in China, certificate authentication and apostille, and status questions affecting remarriage, property dealings and inheritance on the mainland.
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Send us an outline of your situation — the parties, where the marriage was registered, the main assets and any existing proceedings. We reply within one business day and complete a conflict check before any substantive work.
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A partner assesses your jurisdiction options, the likely treatment of property and children in each forum, and the documents you will need, then sets out a clearly scoped fee proposal.
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We negotiate, handle registration formalities or conduct court proceedings in China, coordinating throughout with your family solicitor at home so that the two tracks do not undercut each other.
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We deal with recognition of judgments, transfer and registration of property, and the practical implementation of custody and contact arrangements, advising on enforcement where terms are not honoured.
Yes — a foreign national can divorce in mainland China either by registration, where both spouses agree and the marriage was registered on the mainland, or through the Chinese courts where they have jurisdiction. Registration divorce is subject to the Civil Code's thirty-day cooling-off period; contested cases must go to court. Whether China or another forum better protects your position on property and children must be assessed case by case.
Not automatically — a foreign divorce judgment takes effect in China only after a separate application for recognition to an intermediate people's court, under a dedicated Supreme People's Court procedure. Recognition generally concerns the dissolution of the marriage itself; property and financial orders are treated differently, and there is no UK–China bilateral treaty on judgment recognition. Since 7 November 2023, documents from Apostille Convention states can be apostilled rather than consular-legalised.
Yes, if properly made — Article 1065 of the PRC Civil Code allows spouses to agree in writing that property acquired before or during the marriage is separate, jointly owned, or partly each. The agreement must be in writing and reflect genuine intent, and a prenup drafted under foreign law is not automatically effective in China. Where Chinese assets are involved, a Chinese-law compliant agreement coordinated with any foreign agreement is advisable; enforceability is assessed case by case.
Property acquired during the marriage is, by default, community property under the PRC Civil Code, divided by agreement or, failing agreement, by the court. There is no fixed statutory formula: in practice courts commonly take broadly equal division as the starting point, adjusted under the Civil Code's principle of protecting the interests of children, the wife and the no-fault party. Pre-marital property generally remains separate. Outcomes turn on asset tracing and evidence — particularly for real estate and company interests — and must be assessed case by case.
No — mainland China is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, although the Convention applies to Hong Kong and Macau. There is therefore no treaty mechanism for the summary return of a child taken to the mainland; remedies run through Chinese custody and contact proceedings under Chinese law. Preventive planning — agreed contact terms and advice before travel — is often more effective than remedies after the event.
Yes — we prepare Chinese-law expert opinions for English court proceedings, including on marital property rights under the Civil Code, the validity of marriages and divorces concluded in China, and the effect of Chinese prenuptial agreements. Opinions are prepared to the standards expected of expert evidence in England and Wales, with the expert's overriding duty to the court. Details are on our Expert Opinions page.
Describe the background and what you want to achieve. We will assess the position under Chinese law and reply within one business day.
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